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SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART } a for any lineup in connection with the offense for which he has been arrested or charged. If he cannot afford one, he has the right to have one appointed. No lineup shall be held under this fection if the suspect is not represented by counsel or refuses to execute a waiver of counsel pursuant to Section 6-2.5. KKEFEDte: 10/28/1978 MCRT#: 0 Div: D9 Cav: SecCis: 6-2.5 Waiver of Counsel (See 6-2.4.2 (2).) (1) Lineups After Arrest or Charges ~ If the defendant has no counsel at the time of the lineup, or his counsel) has not appeared, the defendant should be asked if he is willing) to appear in the lineup without the benefit of counsel. If he is willling, he should be requested to waiver counsel by signing Form FD-404. (2) Execution of Form Fp-404 ~ All blanks on Form FD-404 should be completed to show the place of the lineup (city, state), date, and time the form was furnished to the suspect. The form should be signed by the suspect and two witnesses (preferably Special Agents) and the time noted. (3) Refusal to Sign Form - If the suspect iis willing to appear without counsel but will not sign the form, his ords should be written in the blank space below the “waiver and consent" paragraph on the form. Witnesses should then sign the form, and the lineup held. (4) Voluntariness of Waiver - To be valid, |the waiver must be voluntary. Agents should not do or say anything which would make the waiver anything other than the product of the guspect's free choice. *KREFEDte: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 6-2.6 Substitute Counsel If the suspect 18 entitled to a lawyer but 1s not represented by counsel and refuses to waive counsel, the U.S. Attorney should be asked to request the court to appoint counsel) for lineup purposes. The lineup should not be conducted if the suppect is not represented by counsel and refuses to execute the waiver. *KKEEEDtE: 04/28/1978 MCRT#: 0 Div: D9 Cav: SecCls: 6-2.7 Role of Defense Counsel The proper function of a defense attorney at a lineup is SENSITIVE 4 Printed: 08/20/2003 06:43:34 Page ee